In Germany, an activist convicted for singing “From the river to the sea”
Rights — di Leila Belhadj Mohamed
The Berlin court rules that the activist denies Israel's right to exist, but the verdict is a defeat for freedom of speech.
In Germany, an activist convicted for singing “From the river to the sea”
The Berlin court rules that the activist denies Israel's right to exist, but the verdict is a defeat for freedom of speech.
A German court has convicted a young pro-Palestinian activist of condoning a criminal act for singing the slogan "From the river to the sea, Palestine will be free" during a demonstration in Berlin on 11 October last year. For the girl's defence team, this ruling represents a dangerous restriction of their client's freedom of expression.
Although German courts are not consistent with one another, this is not the first case of the suppression of freedom of expression in Germany, where the authorities' response to the movement in support of the Palestinian people is among the harshest in Europe. From activists to public figures, such as footballer Anwar El Ghazi, dismissed by Mainz for his posts in support of Palestine — a dismissal deemed unfair by a German court — the institutional response towards those who speak out for Palestine is growing ever more uncompromising.
Ava Moayeri was ordered to pay a €600 fine after being convicted for chanting "from the river to the sea" at a pro-Gaza rally in Berlin
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The conviction of activist Ava Moayeri
Ava Moayeri, a 22-year-old German-Iranian activist, was arrested a few days after the start of Israel's war against Gaza on 7 October, and charged with "condoning Hamas's aggression" for chanting the slogan most repeated by pro-Palestinian activists around the world, during a protest on 11 October last year near Sonnenallee boulevard, in the Neukölln neighbourhood, which the activist had co-organised.
Before the trial began, Moayeri stated that she stood by her words, but considered them a stance in favour of peace in the region rather than support for Hamas, in rejection of "any form of antisemitism".
The presiding judge, Birgit Balzer, rejected Moayeri's defence, stating that the chant had "denied the right of the State of Israel to exist". The judge added that this slogan is particularly contentious in Germany and that the nation has an obligation to make Jews in the country feel "safe and at ease" given its role in the Holocaust.
Court spokesperson Lisa Jani stated that this was likely the first time such a politically explicit phrase had been used in a ruling in a case of this kind. The sentence handed to Moayeri, who had no prior criminal record and described herself as an activist for feminist and refugee causes, was lower than the €900 fine sought by state prosecutors, who subsequently said they would consider an appeal.
Germany's crackdown on the pro-Palestinian movement
Germany has had a problem with demonstrations in support of Palestine since before 7 October. In May 2022, Berlin police pre-emptively banned five registered events commemorating the 74th anniversary of the Nakba. More than 120 people were arrested and police admitted to having carried out racial profiling, arresting anyone who appeared to be Palestinian. In July 2023, a Palestinian activist with refugee status in Germany was served notice of the revocation of his protection due to his political activities. In April, a debate also emerged over banning the use of the red triangle as a reference to the Palestinian cause.
Turning specifically to "From the river to the sea", the legal framework for assessing the slogan is complex, with institutions growing increasingly uncompromising and courts oscillating between stricter and more lenient interpretations. Last November, Interior Minister Nancy Faeser banned the slogan "from the river to the sea", arguing that it was a Hamas slogan. In February, Justice Minister Marco Buschmann declared that the phrase could constitute "antisemitic incitement" and be interpreted as "condoning the killings committed in Israel".
However, in June, a Bavarian court ruled that the phrase did not constitute a criminal offence and could not be banned outright, finding that the "benefit of the doubt" surrounding the slogan should prevail.
Once a Nazi-era symbol, today the red triangle is associated with Hamas and pro-Palestinian activism.
Now, calls for a ban of the symbol are growing.
p.dw.com/p/4j2m8
Now, calls for a ban of the symbol are growing.
p.dw.com/p/4j2m8
"From the river to the sea": the most censored slogan
The use of the slogan "From the river to the sea" is a contentious issue outside Germany too. A notable case is that of the Netherlands, where proceedings against an activist who had chanted the slogan predate 7 October. An activist, following a speech given at a demonstration in May 2021 in Amsterdam, was reported to the police by a supporter of Israel for "inciting hatred and violence against Jews" by chanting "from the river to the sea, Palestine will be free" and expressing support for the "Palestinian resistance".
The Dutch public prosecutor, however, refused to prosecute the activist, stating that the pro-Palestinian slogans he had used "are open to various interpretations" rather than being calls to unlawful conduct, adding that the expressions "refer to the State of Israel and possibly to people with Israeli citizenship, but not to Jews on account of their race or religion". It remains worth noting, nonetheless, that there is no common position on this slogan, not even in the Netherlands.
🔴VICTORY: At a time when all expressions of support for the Palestinian cause are facing criminalisation at utterly unprecedented levels across Europe, Dutch court rules that "from the river to the sea” is fully legitimate! elsc.support/news/victory-f… 1/9